Good cause for termination is not the same as malpractice. Attorney malpractice, the deviation from good and accepted practice, which proximately damaged the party, in which, but for the negligence of the attorney there would have been a different or better result is not the same as good cause for termination. Termination for cause
Legal Malpractice News
Matrimonial Legal Malpractice
Suri Katebi, Plaintiff-Appellant, v Paul Fink, et al., Defendants-Respondents.
SUPREME COURT OF NEW YORK,
APPELLATE DIVISION, FIRST DEPARTMENT
2008 NY Slip Op 4141
May 1, 2008, Decided
May 1, 2008, Entered
Clients are often asked at an allocution, settling a matrimonial action whether they are satisfied with their attorney’s work. It is highly…
Here the Lawyers Get the Benefit of Client’s Release in Legal Malpractice
JOSEPH G. HUGAR AND LKC, LLC, PLAINTIFFS-APPELLANTS, v DAMON & MOREY LLP, CHRISTOPHER T. GREENE, ESQ., ANTHONY L. EUGENI, ESQ., AND ROBERT J. PORTIN, ESQ., DEFENDANTS-RESPONDENTS.
596 CA 07-02311
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
2008 NY Slip Op 4167; 2008
May 2, 2008, Decided
May 2, 2008, Entered
When are attorneys…
Brocade, Backdating and Legal Malpractice
Legal malpractice has lately been examining securities transactions, bankruptcies and other phenomina of the downward trend in the economy. Here, Law Com reports a new case against outside counsel for Brocade.
"Few plaintiffs have gone after companies’ outside lawyers in backdating lawsuits. But a new derivative case against directors and officers at Brocade Communications Systems…
Hearst v. Hearst and Legal Malpractice
In the high-stakes Estates and Trust world of Suffolk County [think East Hampton, not Patchogue], this case was reported last week. Plaintiff John Randolph Hearst [of the publishing family] sued his attorney on the theory that he and his former wife "fraudulently deprived him of title and use of more than $ 20 million in…
Clifford Chance Out of Bankrutpcy Legal Malpractice Case
The law firm Clifford Chance was the latest participant in a swelling bankruptcy legal malpractice series of cases. Anthony Lin of the NYLJ writes:
"Citing ‘Stoneridge,’ Judge Releases Law Firm From Securities Suit
A federal judge in Philadelphia has dropped Clifford Chance from a securities class action, citing the U.S. Supreme Court’s recent decision in…
Continuing Representation Avoids Dismissal in Legal Malpractice
Frederick Rehberger, appellant,
v
Garguilo & Orzechowski, LLP, et al., respondents. (Index No. 30120/05)
2007-05158
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
2008 NY Slip Op 3187
April 8, 2008, Decided
“In an action to recover damages for legal malpractice, the plaintiff appeals, as limited by his brief, from so much…
Cases this Week in Legal Malpractice
William Jacobs, et al., Plaintiffs-Appellants, v Richard L. Kay, et al., Defendants-Respondents.
3460, 117332/05
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
2008 NY Slip Op 3710;
April 24, 2008, Decided
April 24, 2008, Entered
“After settling with the executrix their objections to the probate of their father’s will and trust, plaintiffs…
Minnesota, Kentucky, Legal Malpractice ?
We can’t read the case, and a subscription to the Minnesota lawyer site is required, but third-hand, here is an interesting take on a legal malpractice case from the Minnesota Lawyer Blog.
"Minnesota Lawyer has an interesting story this week about a local attorney who found himself being sued for malpractice in Kentucky by…
Deposing the Opposing Attorney on Statute of Limitations
It is rare to depose opposing counsel. Here is an interesting case in which the question to be determined is whether plaintiff knew his union would not participate in a discrimination case, and if so, whether the statute of limitations had passed.
From Wilmer Cutler Pickering Hale and Dorr LLP :
"The Southern District of…